Birth Defect Lawsuits
Parents wish their children to be perfect, but in some cases that's not feasible. If this happens, it is essential that parents in shock seek out the assistance of skilled
birth defect lawyers.
Birth problems and injuries can be caused by medical negligence and drugs that are harmful and exposure to environmental factors. A New York
birth defect law firm can help you find answers.
Medical Malpractice
When a doctor fails adhere to the accepted standard of practice in his or her field, it's considered medical malpractice. This might involve failing to conduct routine prenatal tests or prescribing medication that increases the likelihood of a birth defect, or making a mistake during the labor and delivery.
Birth defects and birth injuries are typically the result of genetic and environmental causes, but sometimes they are caused by a doctor's negligence or malpractice. For instance, if a physician fails to recognize the presence of a congenital defect in utero and fails to notify parents of the condition, parents may bring a wrongful birth claim seeking compensation for the lifelong expenses associated with the disabled child.
To prevail in a medical malpractice case in birth defects the plaintiff must demonstrate that the doctor owed a duty of care to the patient, and that he violated the duty, and that his actions or lack of action directly caused damages and injuries and that the patient was a victim of economic and non-economic damages from the injuries. These damages could include medical bills, lost wages and emotional distress.
Prenatal visits are essential to ensure that pregnant women receive the required tests and monitoring. If you suspect that medical malpractice caused your child's birth defects Contact a medical negligence and birth injury lawyer immediately.
Toxic Chemicals
Every year, thousands of children are born with some type of birth defect in the United States. These birth defects can be of various severity and impact the way the child behaves, looks and functions. Some are minor, whereas others can cause serious issues and even lead to death.
Birth
birth defects can be caused by genetic defects or a range of chemcial or environmental factors. For example, exposure to toxic chemicals can cause serious health issues for a newborn. Our firm is determined to hold employers accountable for the exposure of pregnant women and unborn babies to harmful chemicals or medications.
It is well-established in scientific literature that certain toxins and chemicals can enter the placenta and affect the unborn baby. These toxins are called teratogenic. These teratogenic chemicals may cause birth defects such as the cleft palate, lips and spina bifida.
While they are working, many mothers are exposed to a range of harmful chemicals. These chemicals can be ingested, inhaled or absorbed into the skin. These chemicals include industrial solvents, such as the ethylene glycol-ethers (EGE) used in the manufacture of semiconductors. These contaminants can also be ingested by parents while they are taking certain prescription and over-the-counter drugs. A lot of pharmaceuticals haven't been thoroughly tested on pregnant women and have resulted in birth defects.
Environmental Exposure
While genetic disorders are among the most frequent causes of birth defects, environmental exposure is also a major cause. The presence of numerous chemicals and toxins in the home, at work and in food can increase the risk of birth defects. These include pesticides, fungicides and lead, as well as heavy metals, certain paints and many other chemical compounds. Exposure to toxic substances is nearly always inevitable. If businesses fail to protect their pregnant employees, this is a breach of duty and they could be held accountable.
Researchers are unable to determine exactly what causes the specific birth defect. It is possible that an interaction between multiple factors may cause the condition, but the challenge is assessing the interactions in real-time. The National Children's Study is important because it is now underway in a variety of states. The NCS will enroll 100,000 women from representative populations as well as follow them and their children for the long run. This study will provide the most comprehensive data to date about how different environmental factors impact fetal as well as child health.
Many parents who are suffering from a birth defect in their child are resentful that they have contributed to the condition, however it's usually the case that these kinds of problems are not a choice. Our birth defect lawyers know this and are committed to helping families seek justice for children suffering from birth defects.
Product Liability
Birth defects can be caused by a variety factors, ranging from drug or alcohol use during pregnancy to genetic. Fortunately, many of these causes are preventable. If your child was born with a medical condition which could have been prevented and you are entitled to recover damages through a birth defect lawsuit.
A New York birth defect attorney can assist you to determine if your child's problem is due to an underlying chemical, medication or environmental exposure that is eligible for compensation. Based on the severity of your child's health condition, your legal team will also be able to calculate the total cost of associated medical expenses that are suitable for compensation.
While the vast majority of birth defects are not caused by medical negligence, there are cases in which a doctor or healthcare worker has been negligent before or during labor and delivery. A doctor may prescribe a medication that could harm a baby, even before birth, or may make an error in surgery.
Our birth defect attorneys have successfully prosecuted cases where a mother's health healthcare provider was exposed toxic chemicals or prescription drugs which increased the chance that she will give birth to a child who has birth defects. We also brought birth defect lawsuits against companies that expose workers to dangerous chemicals in the workplace in a paint factory or semiconductor manufacturing company.